[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Rules and Regulations]
[Page 38418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15537]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210217-0022; RTID 0648-XB231]


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in 
the Bering Sea Subarea of the Bering Sea and Aleutian Islands 
Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting retention of non-Community Development 
Quota (CDQ) sablefish by vessels using trawl gear in the Bering Sea 
subarea of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary because the 2021 non-CDQ sablefish initial 
total allowable catch (ITAC) in the Bering Sea subarea of the BSAI will 
be reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 17, 2021, 
through 2400 hours, A.l.t., December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (FMP) prepared by the 
North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. Regulations 
governing fishing by U.S. vessels in accordance with the FMP appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2021 non-CDQ sablefish trawl ITAC in the Bering Sea subarea of 
the BSAI is 1,443 metric tons (mt) as established by the final 2021 and 
2022 harvest specifications for groundfish in the BSAI (86 FR 11449, 
February 25, 2021). In accordance with Sec.  679.20(d)(2), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that the 2021 non-CDQ sablefish trawl ITAC in the Bering Sea 
subarea of the BSAI will soon be reached. Therefore, NMFS is requiring 
that non-CDQ sablefish caught with vessels using trawl gear in the 
Bering Sea subarea of the BSAI be treated as prohibited species in 
accordance with Sec.  679.21(b).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be impracticable and contrary to the public interest, 
as it would prevent NMFS from responding to the most recent fisheries 
data in a timely fashion and would delay the prohibited retention of 
non-CDQ sablefish by vessels using trawl gear in the Bering Sea subarea 
of the BSAI. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of July 15, 2021.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 16, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-15537 Filed 7-16-21; 4:15 pm]
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